Compliance with caregiver background check law.
Ensure that the center complies with ch. DCF 12
, relating to background information checks on persons who will have access to center residents, and not hire, contract with or otherwise retain a person to work in any position where the person would have direct, regular contact with residents, if the person because of a specified past action is prohibited from working with residents.
DCF 52.11 Note
Caregiver background check requirements are also in s. 48.685
DCF 52.11 Note
Note: Make all notifications to the department required under this subsection and send all reports and plans required under this subsection to the appropriate field office of the Division of Safety and Permanence listed in Appendix D.
Allow the department to visit and inspect the center and be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:
Any documentation of center operations requested by the department.
Requests for information.
Respond promptly to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information.
Current and accurate.
Ensure that information that the licensee or center staff submits to or shares with the department, a placing agency, or any other governmental agency is current and accurate.
Have written procedures for handling an emergency including all of the following:
Securing the assistance of law enforcement or emergency medical personnel.
Alerting center staff and assigning roles and duties in response to the emergency.
File a disaster plan with the department and any placing agency that has placed a child in the center that would allow the department or placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. The disaster plan shall include all of the following information:
Where a licensee, center staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.
Phone numbers, electronic mail addresses, and other contact information for the licensee.
A list of items that the licensee or center staff will take if evacuated, including any medication and medical equipment for residents.
Phone numbers the licensee will call to check in with the department and placing agency.
Review the disaster plan on a quarterly basis to ensure it is current and accurate. Document the quarterly review and provide the documentation to the department upon request.
Register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee's electronic mail address changes.
Ensure that the residential care center does not discriminate against a resident based on the resident's race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.
DCF 52.11 History
Cr. Register, February, 2000, No. 530
, eff. 9-1-00; corrections in (4) (b), (c), (16) and (17) made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635
: emerg. r. and recr. (2), (6), cr. (18) to (24), eff. 9-16-11; CR 11-026
: r. and recr. (2), (6), cr. (18) to (24) Register December 2011 No. 672
, eff. 1-1-12; CR 14-054
: am. (intro.) Register April 2015 No. 712
, eff. 5-1-15; correction in (17) made under s. 13.92 (4) (b) 7.
, Stats., Register March 2018 No. 747
A director employed by the center who is responsible for center operations.
One or more social work case work supervisors responsible for assessment and supervision of case work, service coordination and case management activities of resident services case managers through resident treatment planning reviews, case staffings and treatment record reviews.
One or more resident services case managers responsible for individual and group counseling of residents and individual counseling of residents and their families along with case work efforts involving residents and their families in planning, implementing and coordinating services and resources.
One or more resident care worker supervisors responsible for supervising and assessing resident care workers as they interact with residents and provide for the day-to-day care and supervision of residents.
One or more resident care workers responsible for direct care, nurturing and supervision of the residents.
Staff responsible for educational services when the center has an on-grounds education program.
A center shall have the following services available for residents, either provided by professionals on staff or under agreement with professionals who are consultants for the center:
Health care needs assessment and supervision of the delivery of center health care services by a physician.
Services of other appropriately qualified professionals such as speech communication or hearing impairment specialists or occupational or physical therapists as necessary to carry out resident treatment plans.
Not allow for the regular scheduling of more than 40 hours of direct care responsibilities with residents each week, exclusive of resident sleeping time, or more than 50 hours per week exclusive of resident sleeping time when the resident care worker is covering for sick leave, vacations, resignations or terminations of other staff.
Allow each resident care worker working longer than an 8 hour shift to have at least 15 minutes of free time during each additional 2 hour period.
Staff hired or contracted for on or after September 1, 2000, to carry out the responsibilities under sub. (1) (a)
shall have the following qualifications:
The center director under sub. (1) (a) 1.
shall be an employee of the center, have a bachelor's degree from a college or university in business or public administration or a social or behavioral science or in a social services or human services field and have 2 years of successful related work experience in administration or supervision.
The social work case work supervisor under sub. (1) (a) 2.
shall be an employee of the center, have a master's degree in social work from a school of social work or in a behavioral science with 2 years of supervised work experience in a family or child welfare agency, have experience in working with the kind of populations the center serves and provide evidence of supervisory knowledge and skills.
The resident services case manager under sub. (1) (a) 3.
shall have education and experience which are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:
Under this subdivision social or behavioral science field includes a degree in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities. For work with residents who are receiving services primarily for correctional aftercare or emotional disturbance, the resident services case manager shall have one of the following qualifications:
A master's degree in a social or behavioral science field with field work experience or employment experience working with children or families.
A bachelor's degree in a social or behavioral science field and either 2 years of employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.
Under this subdivision a social or behavioral science field includes a degree in those fields specified under subd. 1.
For work with residents who are receiving services primarily for alcohol or drug problems, the resident services case manager shall have one of the following qualifications:
A bachelor's degree in a social or behavioral science field and Wisconsin certification as an alcohol and drug counselor or meeting the qualifications of a registered alcohol and drug counselor I from the Wisconsin alcohol council certification board.
An advanced professional degree in a social or behavioral science field from a college or university with at least 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.
A bachelor's degree in a social or behavioral science field from a college or university and 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.
A bachelor's degree in a social or behavioral science field from a college or university and 2 years of experience working with children in alcohol and drug abuse counseling.
For work with residents who are receiving services primarily for a developmental disability, the resident services case manager shall have the following education and experience qualifications:
A degree in a social or behavioral science field. Under this subd. 3. a.
a social or behavioral science field includes a degree in social work, sociology, psychology, speech communication, special education, physical therapy or occupational therapy.
Specialized training or one year of employment experience in treating or working with developmentally disabled persons.
The resident care worker supervisor under sub. (1) (a) 4.
shall be an employee of the center and meet one of the following qualifications:
Possess the qualifications described under par. (c)
for working with the type of population served.
Have 3 years of experience in public or private institutional child care for the type of population the center serves, and have one year of experience as a supervisor or satisfactory completion of at least one course for credit in supervisory skill development and personnel management or have 40 hours of documented in-service training involving supervisory skill development and personnel management.
Have 2 years of experience in licensed institutional child care and be certified as a child and youth care worker meeting standards of the national organization of child and youth care workers association.
A resident care worker under sub. (1) (a) 5.
shall be an employee of the center, have a high school diploma or equivalent and be at least 18 years old and at least 2 years older than the oldest resident. The resident care worker shall also meet one of the following qualifications:
Have a bachelor's or associate degree from a college or university with a focus on child and youth care work or in a social or behavioral science field.
Have at least one year of successful experience working in a recognized child welfare residential setting for the type of resident population served by the center.
Be certified as a child and youth care worker under the standards of the national organization of child and youth care workers association or other department-recognized certifying authority.
A person under sub. (1) (a) 6.
responsible for center recreational programming under s. DCF 52.41 (4)
shall meet the qualifications of a resident care worker under par. (e)
and have demonstrated proficiency and at least 3 months experience conducting activities in one or more recreational program areas appropriate for populations served by the center.
Education staff under sub. (1) (a) 7.
, shall meet Wisconsin department of public instruction qualifications for the students served.
Each staff person working for a center shall, where a college or university degree is required under this subsection, have the degree from an accredited college or university.
DCF 52.12 Note
Note: For a list of accredited institutions of higher education in the Midwest, see “NCA Quarterly - Accredited Institutions of Post-Secondary Education" available from the North Central Associates of Colleges and Schools, 159 North Dearborn St., Chicago, Illinois 60601.
A center that hires or contracts for staff not identified under sub. (1) (a)
having direct care or service involvement with residents shall, for those staff, also meet the requirements for employment applications under sub. (3)
, job descriptions and standards and confidentiality notification under sub. (4)
, staff training under sub. (5)
, staff supervision under sub. (6)
, child abuse and neglect reporting under sub. (9)
and personnel records under sub. (10)
Employment applications and general qualifications. DCF 52.12(3)(a)(a)
Before a center hires or contracts for any new staff, the center shall verify and document the qualifications of applicants considered for employment or service.
A center shall require an applicant for employment to complete and sign an application form. From the required application materials, the center shall obtain:
The names of 2 persons not related to the prospective staff person who can vouch for the good character of the prospective staff person.
Employment references. The center shall verify that the applicant was employed by persons listed as employers during the past 5 years.
A completed background information disclosure form and background record checks as required under s. 48.685
, Stats., and ch. DCF 12
DCF 52.12 Note
DCF-F-2978-E, Background Information Disclosure
, is available in the forms section of the department's website at https://dcf.wisconsin.gov/
or by writing or telephoning any field office listed in Appendix D.
Upon receipt of an application, a center shall check references either by letter or phone and shall document the date of contact, the person making the contact and the person contacted and shall summarize the conversation concerning the character and experience of the person that would permit a judgment to be made about hiring or contracting, and what the relationship of the reference is to the prospective staff person or how the reference knows that person.
The center shall comply with the background records check provisions under ch. DCF 12
for the hiring or contracting of center staff who will have access to residents, including, as applicable, not hiring or contracting with a person to work in any position where the person would have direct, regular contact with residents if the person answers “yes” to any question on the DCF-F-2978-E background information form which would bar that person.
DCF 52.12 Note
Caregiver background check requirements are also in s. 48.685
DCF 52.12 Note
Refer to s. DCF 52.62 (1)
, General Conditions for Approval of License, with regard to the applicant or licensee being found fit and qualified to provide care to children.
A center shall require that each staff person before working with residents present a statement from a physician covering at least the areas included in a form prescribed by the department indicating that the staff person does not have a communicable disease, illness or disability that would interfere with the staff person's ability to work with or care for residents.
DCF 52.12 Note
Form CFS0384, Child Welfare Facility Staff Health Report, is available in the forms section of the department website at http://dcf.wisconsin.gov
or by writing or calling any field office listed in Appendix D.
All staff shall have the ability and emotional stability to carry out their assigned functions and duties. Center staff whose behavior or mental or physical condition gives reasonable concern for safety of residents may not be in contact with residents in care. If, at any time, a center suspects or has reason to believe that the physical or mental health of a center employee or other person on the premises may pose a threat to the health, safety, or welfare of a resident in care, the center shall require an alcohol or drug abuse assessment or a physical or mental health evaluation of the person.
Job descriptions and standards.
A center shall provide each new staff member under sub. (1) (a)
or (2) (i)
with all of the following materials and place copies dated and signed by the staff member in the staff member's personnel record:
A job description specifying the staff member's roles and responsibilities.
Individual performance standards, including expected staff conduct toward residents.